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_\ ~`7 <br />~~1i <br />=„ ~ n <br />~ r1 Z ~ Z <br />~~ ~ ~ N <br />ao <br />fV u. <br />~~ <br />rrrllr~ <br />.-.a <br />~ ~ ~ <br />rT3 ~'" <br />C] <br />I"~'~ <br />rv <br />rn ~ <br />C:7 <br />~~ <br />o -i <br />c ~ <br />~ ~ <br />""~ r-n <br />~ ~ <br />c~ <br />~~ <br />~ rrt <br />~- as <br />r ~ <br />r'-' ~ <br />n <br /> <br />m <br />z <br />°m <br />rv ~ <br />d <br />~,, v <br />cn <br />co z <br />O fJ? <br />C~ ~ <br />tC] <br />r'll <br />cxy <br />N Z <br />O <br />~.~..'~ <br />WHEN RECORDED MAIL TO: <br />Five Points Bank ~~ SU <br />West Branch <br />2009 N. Diets Ave. <br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY <br />FIVE POINTS BANK <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated November 10, 2009, among MICHAEL D THORNTON, A SINGLE PERSON and <br />E JULIANN THORNTON, A MARRIED PERSON, AND CHESTER D THORNTON, HER HUSBAND ("Trustor"); <br />Five Points Bank, whose address is West Branch, 2009 N. Diets Ave., Grand Island, NE 68803 (referred to <br />below sometimes as "Lend®r" and sometimes as "Beneficiary"-; and Five Points Bank, whose address is P.O <br />Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"-. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In HALL <br />County, State of Nebraska: <br />Lot Five 15), Block Ten (101, in Russel Wheel®r's Addition to the City of Grand Island, Hall County, <br />Nebraska. NOTE: 503 E. 10th, Grand Island, NE <br />The Real Property or its address is commonly known as 503E 10TH ST, GRAND ISLAND, NE G8$01. The <br />R®al Property tax identification number is 400120135. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDING TWE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS bEED OF TRUST. TW15 DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: Ia1 this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; Ibl Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c1 the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and lej <br />Lender has made no representation to Trustor abeut Borrower (including without limitation the creditworthiness of Borrowerl. <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note, <br />this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br />